Terms & Conditions
Subject To Change At Any Time • Last Revised (March 6, 2017)
You must read and agree to the following Terms and Conditions BEFORE you book your room for the Event.
These Terms & Conditions contain important limitations on your rights, and are legally binding.
Relationship of Parties
This document contains contractual terms, conditions, and limitations between you, Metal Maya, LLC, and ASK4 Entertainment, LLC, (collectively referred to herein as “Metal Maya” or “MM″ or “Company”), or their respective officers, directors, employees, agents and contractors (collectively referred to herein as the “Released Parties”), with respect to Metal Maya 2017 (herein referred to as “Event”), which will occur October 29, 2017, through November 2, 2017, at Now Sapphire Riviera Cancun (herein referred to as “Resort” or “Hotel”).
All references to “Guest” or “You” shall include each person listed on your ASK4 Reservation for Event, and each person, other than MM and Hotel personnel, and performing artists and artist personnel, who attends the Event. All terms shall be considered gender neutral and pronouns shall refer to the masculine and feminine as context requires.
Guest expressly acknowledges and agrees that (a) You are purchasing a ticket/package for this Event with the Company, and no other third parties, including but not limited to Company, and (b) that Company is a third party seller of travel and the marketing agent for the Event only, who serve as the ticketing agent for the Company; (c) Company is not responsible or liable to you for any and all claims arising from or related to the Event in any manner whatsoever.
Your decision to reserve a room/purchase an Event ticket or attend MM in any capacity constitutes your acknowledgment of and consent to all of the terms and conditions below, including the limitations of liability presented herein. Any and all disputes and claims whatsoever related to, or involving the Company/Event shall be governed by Tennessee law and the venue for any litigation shall be in Davidson County, Tennessee.
Nature Of the Event
MM and Guest agree that Guest is purchasing a ticket/package for this Event during which time it is anticipated that multiple musicians will perform multiple concerts at the Resort during the Event. Included in such purchase price, but ancillary thereto, is an entertainment package pursuant to which several artists will perform at a time or times during the Event, and where which times will be announced prior to or during the Event.
While every effort is made by MM to avoid conflicting events and performances, MM cannot guarantee that any Guest will be able to attend every performance at the Event. Nothing contained herein is intended to be, nor shall it be construed as a right or guarantee to specifically attend any particular concert on any particular date to be performed by any particular artist.
It is also anticipated individual musicians will attend publicity and promotional events during the Event to provide Guests an opportunity to meet the musicians in person. However, MM can make no guarantee that any guest will in fact be able to meet any of the musicians in person during the Event or during any additional scheduled activities or excursions.
Event Prices include all MM talent/entertainment related fees, your accommodations at Resort for the Event nights, all meals and drinks as included in the all-inclusive package at the Resort, gratuities and service fees, as well as roundtrip shuttle service to/from Now Sapphire Riviera Cancun and Cancun International Airport.
Event Prices do not include, certain activities, excursions and sightseeing offered by third party operators, Resort activities and offerings (e.g., spa services, babysitting, sports lessons and equipment rentals, etc), which are not part of the all-inclusive package for the Event, or any other purchased items of a personal nature (e.g., Gift Shop, etc). Rates do not include unlimited mini-bar stocking or room service in some cases.
You are obligated for the full Event price of the room/package occupancy level you select during the reservation process, even should you not provide additional guest information to us.
All prices are subject to change and are based on availability. All rates are per person.
Service fees (totaling $50 per person) and all other fees and payments are due in full by the final payment.
All deposits and payments are based on a minimum of double occupancy. Single guests are responsible for the full double-occupancy rate of their room. In all cases, single guests will only be charged one service fee of $50.
Children 12 years old or younger, booked in room with full-priced adults, based on double occupancy rate, may attend for only $399 per child. All children aged 13 and older are considered adults for Metal Maya. All rates are based on the age of the child at the time of the event
Pricing & Payments
Payment for the Event shall be made in US Dollars. All rates are Per Person. ALL DEPOSITS AND PAYMENTS ARE NON-REFUNDABLE.
Payment In Full
You may pay in full at the time of booking. No additional payments will be needed, unless you later modify your reservation by upgrading/changing your room or by adding additional roommates.
Monthly Payment Plan
MM accepts Monthly payments according to the following deposit and payment schedule. The date you make your reservation will ultimately determine your total due at the time of booking and the subsequent payment dates.
$250 per person deposit is due at the time of booking for all Tropical, Premium Tropical, Ocean-Front, and Premium Beach-Front ($500 deposit due for Single occupancy bookings)
$500 per person deposit is due at the time of booking for Presidential Suites ($1,000 deposit due for Single occupancy bookings)
1st Payment: May 15, 2017
2nd Payment: June 15, 2017
3rd Payment: July 15, 2017
4th Payment: August 15, 2017
Final Payment: September 15, 2017
Following your initial deposit, your remaining balance will be split into equal monthly payments, and automatically processed on the dates indicated above.
Once you have paid your initial deposit by credit card, your subsequent Monthly payments will be automatically charged to the credit card you have on file in your ASK4 Reservations account.
If you need to make any changes to your payment plan dates, or credit card, please login to your ASK4 Entertainment Account, or contact ASK4 Entertainment at 888-402-2754 prior to your due date.
Late Payment Fees
Should any of your monthly automatic payments be declined or returned by your bank you will have up to 14 days to resolve the issue. After 14 days, ASK4 will automatically charge delinquent accounts an administrative Late Fee of $20. This fee will be added to your outstanding payment amount. Payments received will be applied first to cover the administrative fee, then the remaining amount of the payment will be applied to your reservation balance.
If you feel that you have been charged in error, please contact ASK4 at 888-402-2754 to discuss resolution prior to filing a dispute.
Additional Payment Info
MM reserves the right to increase published prices without notice. In the event of an increase, only new reservations will be affected. Any reservations made prior to the price increase will be protected at the rate they booked and fully deposited at.
We accept most major credit cards including Visa, Mastercard, American Express and Discover. We will also accept payment by payment by check when prior arrangements have been made and when submitted by mail or overnight courier.
We only accept third party credit card payments (from a person not attending the Event) when a Third Party Credit Card Authorization Form is signed by the card holder. If you are paying with a Third Party Credit Card, please click this link to complete our credit card authorization form. Please return to us within 48 hours of booking. CLICK HERE to download and complete a Third Party Credit Card Authorization Form.
If you are paying for the entire room package yourself, you are responsible for the full Event rate and service fees for the number of guests you selected when you booked even if you didn’t provide their contact information.
If you are paying with multiple credit cards, you will need all of the credit card numbers (with expiration date and card verification number) as well as the name and billing addresses for each card. To complete the reservation process, you must provide the appropriate per person deposits AND comply with our payment deadlines based on the date that you book. These deposits can be paid entirely by the lead guest, or can be divided among all roommates.
Guests making their reservations online, will need to book their rooms at the total occupancy level for all guests, including children. Upon completion of the online reservation, guests should contact the MMs team at ASK4, by calling 888-402-ASK4 (2754), or by emailing firstname.lastname@example.org in order to have their child rates adjusted, and the adult rate based on the double occupancy rate.
Name Changes, Transfers & Fees
The guest who places a reservation for a room at Metal Maya will be considered that cabin’s “Lead Guest” and is the “owner” of the reservation. The Lead Guest is therefore solely responsible for initiating or authorizing changes to the reservation, and must agree in writing to any changes made to the reservation, by emailing email@example.com
Name and room changes can be made up until 30 days prior to the event (subject to approval by Resort), and will be assessed the following administrative fees per name change:
- Complimentary name and/or room changes through May 30th, 2017
- $75.00 USD for each name and/or room change after June 1, 2017
- $125.00 USD for each name and/or room change after July 1, 2017
- $225.00 USD for each name and/or room change after August 1, 2017.
- No changes of any kind will be accepted after September 29, 2017
The Lead Guest is not allowed to change their name within the reservation. At least one original and/or lead guest name must remain on the reservation. If all original guests cancel, this is considered a full cancellation without refund, and name changes will not be allowed.
All cancellation and reservations changes must be submitted in writing via email to firstname.lastname@example.org. The date that such written notice of cancellation is received will determine the applicable cancellation fees per the above schedule. No exceptions will be made.
PEASE NOTE: Your room number is subject to change without notice, at the discretion of the Event or Resort.
Room Occupancy Changes
Rates are based on the number of people in your room. Increases in occupancy will result in a rate increase. Please note that decreases in occupancy will NOT result in a rate decrease (see Room Upgrades & Downgrades below).
Room Upgrades & Downgrades
You are able to upgrade without penalty or any additional fees. An upgrade is defined as going into a higher (i.e., more expensive per person) category room or from a double occupancy to a triple occupancy room, even if such triple occupancy room is of a lower category room type than the original room purchased.
MM does not permit any downgrades of room reservations for a partial refund. A downgrade is defined as a room of a lower (i.e., less expensive per person) category, or from a triple occupancy room to a double occupancy room, even where such room is of a higher (i.e., more expensive per person) category. If you need to downgrade your room, the original price and terms of your reservation will still apply.
Late Checkout Fees
In the event you remain in your guest room past 1pm local time at the completion of the Event, the Company has the right in its sole and exclusive discretion to charge you late check out fee(s) of $300, according to the actual time of check out or departure from the room(s), whichever time is later. If you remain in your room past 3pm, The Company has the right in its sole and exclusive discretion to charge you for an extra night at the rate posted by Metal Maya, LLC.
ALL METAL MAYA DEPOSITS AND PAYMENTS ARE NON-REFUNDABLE
Due to the unique nature of our event, all reservation cancellations are non-refundable for any amount or any reason, and forfeits all payments. There are NO exceptions to our cancellation policies. We strongly recommend the purchase of travel insurance.
All cancellation and reservations changes must be submitted in writing via email to email@example.com.
If a flight or other delay for any reason prevents you from joining the Event, you will be considered a no-show, and we will not provide a full or partial refund or credit toward a future Event. Please note that your decision not to travel due to State Department advisories or fear of travel will constitute cancellation by you. No refund or credit will be given for any unused features or early departures for any reason.
There will be no refunds or partial refunds given for those who do not attend Event or arrive after Metal Maya has commenced.
Cancellation by Performing Artist
MM has entered into an agreement with each performing artist on the Event to be present at the Event and to perform in accordance with terms specified therein. However, neither MM nor Company shall be liable or responsible for failure of any artist or musician to appear or to perform under its agreement.
Further, neither MM nor Company shall be liable or responsible for any loss, damage, cost, or expense of any kind to any guest or any other person or entity in the event that such performance is prevented or such loss, damage, cost, or expense is caused by or results directly or indirectly from any act of God, war, fire, collision, directions of underwriters, arrest, order or restraint by any government agency or official acting under color of authority, acts of terrorism, labor disturbances or disputes, civil commotion, weather conditions illness, death of a family member, considerations of the safety of the Event, or other cause or circumstance beyond MM’s reasonable control.
In the event of any failure of contracted artists to perform during the Event, MM, in its sole discretion, may engage a replacement artist or artists, or may change, postpone or terminate all or any part of the Event or the entertainment program or change the program. In such case, MM, shall have no liability to any guest for any loss, damage, cost or expense whatsoever by reason of such change.
Cancellation By Metal Maya and/or Resort
In the event of strike, lockouts, riots or stoppage of labor from whatever causes, or for any other reason whatsoever beyond the control of MM or Resort, MM or Resort in its sole discretion may cancel, advance, or postpone Event and may (but is not obligated to) substitute another event date, and neither MM or Resort shall be liable for any loss whatsoever to guests by reason of such cancellation, advancement, postponement, or substitution.
Thereupon, MM shall return to you, if the Event is completely canceled, your room rate and service fee, or, if the Event is partially canceled, a proportionate part thereof. Under such circumstances, MM, Resort, and the Released Parties shall have no further liability for damages or compensation of any kind.
Please note that the availability of any refund for travel insurance and/or other travel products (airfare, hotel, car rental), even if purchased in conjunction with the Event, will be determined in accordance with the applicable cancellation policies for such other products or services.
All guests must be 18 years of age on or before the commencement date of the Event. Guests under the Age of 18 MUST travel with a relative or guardian.
When minors (18 and under) are not traveling with a parent or relative, MM strongly recommends bringing an original signed letter of consent from the absent parent/legal guardian that authorizes the minor’s travel and further authorizes medical treatment in case of an emergency must be delivered to an Event or Resort representative during check-in.
Passport & Legal Document Requirements
ALL GUESTS ARE REQUIRED TO HAVE A VALID PASSPORT – NO EXCEPTIONS.
You will be traveling outside of the country for this event and it is MANDATORY that all Guests have a valid passport (unless you live in the country where Event is taking place).
The “Western Hemisphere Travel Initiative,” enacted by the U.S. Department of State, dictates that U.S. and Canadian citizens will be required to carry a valid Passport for travel to the location of the Event. For complete details, please review the U.S. Department of State’s web site by clicking here Please note that the U.S. State Department may change their policies without notice, and that the Company cannot be held liable for such changes or how they may impact your ability to attend the Event.
You are responsible for obtaining all travel documents as well as complying with Customs and Immigration or any other governmental requirements. You will be required to comply with any and all security measures imposed by governments, which are subject to change. Your failure to possess the required travel documents may prevent you from being able to travel; in such case, no refunds shall be provided to you.
Travel Guard Travel Insurance
Because of the nature and uniqueness of this event, we have strict cancellation policies. MM highly recommends the purchase of travel insurance by Travel Guard to protect you against financial loss due non-refundable costs and fees due to unexpected cancellations and travel emergencies. Travel insurance also protects you against emergencies while traveling, such as trip interruption, trip delay, missed/canceled flights, lost or stolen baggage/personal items, illness/injury and much more.
MM and Travel Guard also offer an additional Cancel for Any Reason policy that must be purchased with your initial payment or deposit. If you have to cancel for a non-covered reason, the Cancel for Any Reason option will reimburse you 50% of your non-refundable costs (covered reasons only will receive a 100% refund, as determined by the travel insurance company).
In the event of cancellation, you must first contact MM in writing by sending an email to firstname.lastname@example.org. Then, you must contact Travel Guard directly to submit a claim and request a refund.
PLEASE NOTE: Travel insurance by Travel Guard is only available for Guests from the United States. It is not avaialble for International guests.
For questions and to purchase travel insurance, please call 888-402-ASK4 (2754) or email email@example.com.
Excursions & Event Amenities
You acknowledge that all excursions and tours, however conducted; airline flights and ground transportation; and any local physician, nurse and or on-site amenities (including, without limitation, gift shops, spa, salon, fitness center, etc.) are operated by independent contractors. MM neither supervises nor controls their actions, nor makes any representation, whether express or implied, as to their suitability. These services are provided only as a convenience for you, and you are free to use or not use them. You agree that each of the Released Parties assumes no responsibility, does not guarantee performance and in no event shall be liable for any negligent or intentional acts or omissions, loss, damage, injury or delay to you and/or your property in connection with these services. You use them at your own risk.
Inoculation & Health
All guests must ensure that they are medically fit for travel. The Centers for Disease Control (CDC) and the World Health Organization (WHO) provide guidelines as to which vaccinations are required in each country. In many cases inoculations are recommended but in some circumstances they are required. We recommend that you check with your health care professional or a Travel Medicine Specialist certified by the WHO for guidance. Other informational resources can be accessed at the Center for Disease Control and Prevention’s Traveler’s Health website or toll free at 1-877-FYI-TRIP, and the World Health Organization website.
Pregnant Guests & Guests With Special Needs
By booking the Event, you warrant that you, and those traveling with you, are physically fit to travel at the time of Event. You must notify MM at the time of booking of any medical or physical disability or other medical or physical condition that may require special assistance during Event. Your failure to do so will release MM from any liability for loss, damages or other compensation arising from or related in any way to such disability or condition, and could lead to cancellation of your reservation with you incurring the appropriate cancellation penalty if sufficient time is NOT provided to make adequate determination of medical conditions or requirements. MM and Company reserve the right to require that any Guest who is not self-sufficient travel with a companion who shall take responsibility for any assistance needed during the Event and in case of emergency.
Guests who require special dietary needs or who have other special needs must notify the Event in writing at the time of booking or at least 60 days prior to the Event.
The Event and Resort do NOT allow any kind of pets or therapy animals at Metal Maya. Mexico does not allow for the same protections as the United States regarding ADA qualified Service Animals. Because of this no animals can be allowed access to the Resort or The Event.
You assume all risks associated with travel and transportation on the Event. During Event, the availability of medical care may be limited and/or delayed. You acknowledge that all or part of the Event may be in areas where medical care and/or evacuation may not be available. You agree to indemnify and reimburse MM, Company, and/or Resort in the event that any party, in its sole discretion, determine to advance to you the cost of emergency medical care, including medical evacuation and/or medical care provided, as well as transportation and/or lodging in connection therewith. MM, Company, and/or Resort shall have no responsibility to advance any such costs.
Stage Lighting & Theatrical Smoke
Each performing artist during the Event is contracted individually. While MM makes suggestions and/or recommendations about the use of strobe and lazer lighting, synthetic theatrical smoke, and other stage production elements, the artists’ individual show producers ultimately make the final decisions regarding their performances. Guests who have a medical condition which may be aggravated or exacerbated by strobe lighting, lazer lighting and/or synthetic theatrical smoke, are urged to use caution when attending these perofrmances. Signs warning of the potential usage of these production elements will be posted at performance venue entrances. Event guests agree to enter these areas at their own risk, and are solely responsible for removing themselves from any area where these stage production elements are being used.
Each guest may bring a reasonable amount of luggage. Pets, dangerous or illegal items such as weapons, explosives, combustible substances, non-prescription controlled substances, or illegal drugs may not be brought to the Event. All luggage and your person are subject to security inspections that may involve physical search, given reasonable cause by Company and/or Resort. Any luggage left at Resort upon the completion of the Event will be forwarded at the guest’s expense. Claims for luggage loss or damage must be made to Resort personnel prior to leaving the Event.
Your decision to accept a roommate for the Event is at your own risk. MM and its Released Parties are not responsible nor liable for any and all claims or cause of action arising out of or in connection with your selection of a roommate for the Event, including, without limitation, any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from such request or selection.
You may not sell, promote, distribute or offer for sale any merchandise, goods, souvenirs or other products on the Event. Any and all unauthorized merchandise will be confiscated. This policy will be strictly enforced.
Photography & Video
MM and/or its promotional partners have the exclusive right to include photographic, video and other visual portrayals of guests in any medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity or otherwise, without compensation to guests, and all rights, title and interest therein (including all worldwide copyrights therein) shall be the sole property of Metal Maya, free from any claims by guests or any person deriving any rights or interest from guest.
A photographer and/or video crew will be shooting photos and video footage to be used for the promotion of future MM events. When Event photographers/videographers are shooting in any particular location/venue at the Event, your presence in said location/venue acknowledges your permission for your likeness to be used in future, non-broadcast promotional videos or still pictures. If you do not wish to be filmed please notify the photographers/videographers and be prepared for them to ask you to exit the location/venue for a short time until shooting is complete.
Photo Policy for Guests
Guests are permitted to take personal photos using fixed-lens cameras everywhere throughout the Event. However, please refrain from flash photography in all indoor concert venues. The use of detachable lens cameras (DSLR, other professional cameras, etc.), tablets (iPads, etc.), camera and video sticks, and any video or audio recording devices, will not be permitted during performances. Remote controlled photo/video drones are strictly prohibited from use at any time during the event.
We request all guests be respectful of our performers’ personal space and time between shows, and refrain from photo/autograph requests. They, like you, have been invited to relax and enjoy themselves with their friends and family, during their vacation time an the Event. We will have several photo meet and greets with the artists scheduled for the opportunity to have your photo taken with them. We, and they, appreciate your cooperation!
Refusal Of Entry
MM acts only as sales and marketing agents for the purpose of booking travel arrangements at the Resort for the Event. MM expressly disclaims any responsibility for personal injury, property damage, loss, delay, inconvenience, or other matters due to negligence, wrongful acts, errors or omissions on the part of any third party, or any supplier of services of goods or of agents selected by you or your travel agent. Participation in the Event may be denied to any person who, in MM’s or Resort’s sole discretion: (1) is or becomes in such a condition as to be unfit to remain in attendance; (2) is dangerous or obnoxious to others; or (3) is inadmissible under the laws of any country. In addition, MM and Resort reserve the right to refuse attendance, or to confine to a stateroom any person whose physical or mental condition or behavior they consider, in their sole discretion, to constitute a risk to the person’s own well-being or that of any other person. MM shall have no liability to any such person or any third party arising out of any such decision. Any costs resulting from MM’s and/or Resort’s decision, including, without limitation, costs of lodging and transportation, shall be the responsibility solely of the person.
Guest Conduct Policy
MM and Resort will not tolerate any behavior by Guest which negatively affects the comfort, enjoyment, health, safety or well being of other Event Guests, its performers and staff, other guests or Resort staff. Guest agrees to comply with this policy, and further acknowledges that MM and/or Resort reserve the right to refuse or discontinue attendance to any Guest who, in judgment of MM management and/or Resort management, violates Event and/or Resort guest conduct policies, or who is deemed a danger to himself, herself or others, or is conducting themselves in a manner that otherwise adversely affects the overall Event experience of others. In all cases MM and Resort shall not be liable for any damages, refund or other compensation, including travel costs.
Guest, or if a minor, his or her parent or guardian, shall be liable to, and shall reimburse Released Parties for, any damage to the Released Parties’ property, any property of Resort caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of the Guest; and Guest, or if a minor, his or her parent or guardian, shall further indemnify the Released Parties and each and all of their agents and servants against all liability which the Released Parties may incur towards any person or company or government for any personal injury, death or damage to property caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of Guest.
Zero Tolerance Policy
MM and Resort strictly prohibit the possession, distribution or use of non-prescription drugs of ANY KIND on Resort property during Event. All Guests must agree to comply with this policy. Guest acknowledges that it is MM and Resort’s policy to report incidents of illegal activity or behavior to the appropriate law enforcement authorities for appropriate legal action. In such cases MM and Resort shall not be liable for any damages, refund or other compensation, including travel costs.
Alcoholic beverages will not be sold or served to anyone under the age of 18. For safety reasons, guests are prohibited from bringing alcoholic beverages to Event. MM and Resort reserve the right to refuse the sale of alcoholic beverages to anyone.
MM and Resort encourage the responsible use of alcohol and accordingly reserves the right to permanently or temporarily revoke the drinking privileges of any guest who violates the Guest Conduct Policy or who is deemed a danger to himself, herself or others by MM management and/or Resort management. Continued abuse of alcohol during Event and/or violation of MM and Resort Guest Conduct Polcies may result in immediate removal from Event. In such cases MM and Resort shall not be liable for damages, refund or other compensation, including travel costs.
SMOKING NOT ALLOWED IN ROOMS OR ON BALCONIES. Guests who smoke in their rooms or on their balconies will be assessed a cleaning and refreshing fee by Resort, the amount of which is at the sole-descretion of Resort. Cigarette, cigar, electronic cigarette and personal vaporizer smoking will only be permitted in areas designated by Resort as smoking areas. Guest agrees to comply with this policy and further acknowledges that any violation of this policy could result in removal from the Event, as well as additional fines levied by MM and/or Resort. In such cases MM and Resort shall not be liable for damages, refund or other compensation, including travel costs.
Moshing, Crowd Surfing and Stage Diving Policy
To ensure the health and safety of all MM guests, no moshing, crowd surfing or stage diving will be permitted during music performances at Event. Guest agrees to comply with this policy, and further acknowledges that MM management and/or Resort management reserve the right to remove any guest in violation of this policy from the performance area. Continued violation of this policy may result in removal from performance or Event. In such cases MM and Resort shall not be liable for damages, refund or other compensation, including travel costs.
In the event a room category/item is listed at an incorrect price or with incorrect information due to typographical error or error in pricing, MM shall have the right to refuse or cancel any orders placed for category/item listed at the incorrect price. MM shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, MM shall immediately issue a credit to your credit card account in the amount of the charge.
Limitation Of Liability
By booking the Event, you (the guest) agree to release and hold harmless the Released Parties, from and against any claim or cause of action arising out of or in connection with your travel on and participation in the Event, including, but not limited to: (1) injury, death or delay of guests, or loss, damage or delay of or to guest’s baggage or other property, which may be caused, directly or indirectly, in whole or in part, from participation in the Event, including, without limitation, guest’s use of or participation in any excursion or tour, or athletic or recreational activity; (2) your request for or selection of a roommate for the Event; (3) emotional distress, mental suffering or anguish or psychological injury of any kind under any circumstances (except when such damages were caused by the Released Parties’ negligence and resulted from the same guest’s sustaining actual physical injury, or having been at risk of actual physical injury, or when such damages are held to have been intentionally inflicted by the Released Parties); (4) any change in scheduled Event events and/or celebrity appearances; or (5) Resort exercise of its own rights. You further agree that the Released Parties shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by any of the Released Parties, nor for any intentional or negligent acts of any of the Released Parties’ employees committed while off duty or outside the course and scope of their employment.
In the event that a court of competent jurisdiction holds any of the foregoing to be unenforceable, then the Released Parties’ liability shall be limited to the maximum extent permitted by law. In addition, in such case:
- Claims for Personal Injury, Illness or Death: – The Released Parties shall not be liable for any claims whatsoever for personal injury, illness or death of a guest, unless full particulars in writing are given to MM within 185 days after the date of the injury, event, illness or death giving rise to the claim. Suit to recover on any such claim shall not be maintainable unless filed within one (1) year after the date of the injury, event, illness or death, and unless served on MM within 120 days after filing. You (the guest) expressly waive all other potentially applicable state or federal limitations periods.
- Claims other than Personal Injury, Illness or Death: – The Released Parties shall not be liable for any claims whatsoever, other than for personal injury, illness or death of a guest, unless full particulars in writing are given to MM within 30 days after the guest is landed from the Event, or if the Event is abandoned, within 30 days thereafter. Suit to recover on any claim whatsoever other than for personal injury, illness or death shall not be maintainable unless filed within six months after the date the guest is landed from the Event or the Event is abandoned, and unless served upon MM within 120 days after filing. You expressly waive all other potentially applicable state or federal limitations periods.
THE EXCLUSIONS OR LIMITATIONS OF LIABILITY OF THE RELEASED PARTIES SET FORTH IN THE PROVISIONS OF THIS CONTRACT SHALL ALSO APPLY TO AND BE FOR THE BENEFIT OF AGENTS, INDEPENDENT CONTRACTORS, CONCESSIONAIRES AND SUPPLIERS OF THE RELEASED PARTIES, TOGETHER WITH THE EMPLOYEES AND SERVANTS OF EACH OF THE FOREGOING. WITHOUT LIMITING THE PRECEDING SENTENCE, IN NO EVENT WILL MM, THE RESORT, OR THE RELEASED PARTIES BE LIABLE TO GUEST FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES.
Except where prohibited by law, you expressly agree that: (1) any and all disputes, claims and causes of action arising out of or connected with the Event shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Nashville, Tennessee, U.S.A. to the exclusion of the courts of any other state, territory or country; (2) you waive any venue or other objection that you may have to any such action or proceeding being brought in any court located in Nashville, Tennessee; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with the Event, but in no event attorneys’ fees; and (4) you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Tennessee Davidson County, without giving effect to any choice of law or conflict of law rules (whether of the State of Tennessee or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Tennessee. You agree to present any claims against us within 30 days after the Event ends and to file within one year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one year. NEITHER PARTY MAY INITIATE OR BE PART OF A CLASS ACTION LAWSUIT OR LEGAL PROCEEDING AGAINST THE OTHER.
In the event of any conflict between the Resort and these Terms and Conditions, these Terms and Conditions will prevail. In addition, Resort and/or MM may make changes to room assignments as determined necessary by Resort and MM, in their sole discretion.
All trademarks are the exclusive property of their respective owners.
The information contained on this page and in other pages and material relating to the Event, including any information regarding celebrity participation and programmed events, is subject to change at any time and without notice. The details shown are for informational purposes only. The Released Parties are not responsible for any errors, changes and/or omissions resulting in pricing, inventory or content discrepancies.
Guest acknowledges and confirms that any travel agent utilized by guest in connection with the issuance of this ticket is, for all purposes, guest’s agent and the Released Parties shall not be liable for any representation made by said travel agent. Guest shall at all times remain liable to MM for the advertised price of passage.
In addition to the restrictions and exemptions from liability provided in these Terms and Conditions, the Released Parties shall have the full benefit of any applicable laws providing for limitation and exoneration from liability, and nothing in contained herein is intended to operate to limit or deprive the Released Parties of any such statutory limitation of or exoneration from liability.
These Terms and Conditions and the terms accepted during the Event reservation process contain the entire agreement between MM and Guest and supersede any other agreements, written or oral, relating to the subject matter herein. Any waiver of any provision of must be made in writing and signed by an authorized representative of MM. If any portion of shall be determined to be invalid, then said portion shall be deemed severed from the Contract in such jurisdiction only and all remaining portions shall remain in full force and effect.
** The above Terms & Conditions are subject to change at any time **